- (1.) THE appellant was put on trial for the charges under Section 304 -B/34 of the Indian Penal Code and has been found guilty of the charge under Section 304 -B and has been convicted and sentenced to undergo rigorous imprisonment for seven years by learned First Additional Sessions Judge, Hazaribagh in Sessions Trial No. 127 of 1998.
(2.) THE prosecution case was that Charki Devi, the informant 'sdaughter was married with accused Rajendra Mahto six years ago. But she was being subjected to harassment, cruelty and torture for not fulfilling the demand of scooter and cash of Rs. 25,000/ - as dowry. On 16.5.1997, at about 10 O 'Clock, sister -in -law of the informant, namely, Gango Devi had gone for extending invitation and in her presence the appellant had assaulted the informant 'sdaughter till she became unconscious. The appellant did not provided her any medical treatment and she ultimately succumbed to her injuries. In order to prove the charges against the accused -appellant, in all, 12 witnesses were examined on behalf of the prosecution. Two defence witnesses were also examined. Out of the prosecution witnesses, PW 3 is said to be the eye -witness and PW 8 is the doctor who held the autopsy on the dead body of the deceased on 17.5.1997 as another material witness.
(3.) PW 1, the informant ''father of the deceased, based his statement on the basis of what was narrated by her sister -in -law Gango Devi. PW 2 is the cousin (brother) of the deceased and is also not the witness of the occurrence. PW 3 is said to be the eyewitness. In her deposition she has stated that she had gone to give an invitation to one Pyarelal in Village -Chata and she had seen the appellant assaulting the deceased. In her cross -examination she has admitted that she had not seen as to what was the weapon used for assaulting the deceased. She has stated that when she arrived she saw the appellant assaulting the deceased. PW 4 is the son of the informant. PW;